What the law states
Section 11A of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
(2) A person who:
(a) sells a waterpipe or an ice pipe, or
(b) supplies a waterpipe or an ice pipe in the course of or in connection with a commercial transaction,
is guilty of an offence.
(3) A person who displays a waterpipe or an ice pipe:
(a) in a shop, or
(b) near but in connection with a shop,
is guilty of an offence, unless the person satisfies the court that the display was not for a commercial purpose.
The intended use of such equipment (whether it be for administration of a prohibited drug or other, legal purposes) is irrelevant, however, display of the equipment listed must be for commercial purposes to constitute the offence.
For the purpose of this offence:
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An "ice pipe" is a device capable of being used for administration of a prohibited drugs by smoking ot inhaling the smoke or fumes after burning a drug (includes a crack pipe).
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A "waterpipe" is a device capable of being used for the administration of a prohibited drug, by means of drawing smoke or fumes (after burning a drug), for example, a 'bong'.
Example
A common example of this offence is displaying an ice pipe in a store window with a price-tag attached to it, ready to be sold.
Before which court will my matter be heard?
Sale, supply and display of waterpipes and ice pipes falls under Part 2, Division 1 of the Drug Misuse and Trafficking Act 1985 (NSW). This means that this offence is considered a summary offence, and is heard in the Local Court.
Defences
Defences to this offence include but are not limited to duress and necessity, and, in the case of displays in shops, if the court is convinced that the display was not for a commercial purpose.
Penalties
The maximum penalty for sale, supply and display of waterpipes and ice pipes is 2 years imprisonment or $2200 or both.
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people who have been charged with sale, supply and display of waterpipes and ice pipes. We will advise you on your chances of successfully defending your matter and thus being found ‘not guilty’. If you are pleading guilty, we will represent you at court to help minimise the punishment you receive.